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Real Estate

No private right of action under relocation assistance act (access required)

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

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Subrogation waiver does not apply to condo owner’s tenant (access required)

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

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Unambiguous lease not modified by other documents (access required)

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

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Nature Conservancy gets most of permanent easement payout (access required)

Nature Conservancy, the holder of a conservation easement on property that has been taken as part of a permanent easement for construction of a natural gas pipeline, will receive the majority of the payout, based on its majority ownership of ...

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Severance damages opinions excluded in easement case (access required)

Where a shipyard claims a natural gas company’s pipeline, constructed on an easement over the shipyard’s property, entitles it to severance damages, the court grants the gas company’s motion to exclude expert opinions on the amount of severance damages. Overview ...

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Homeowners’ policy does not cover home day care injury (access required)

Where a homeowner was running a day care business in her house, a business exclusion in the homeowner’s policy applied to bar coverage for an injury suffered by an infant under her care. Background This declaratory judgment action concerns whether ...

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